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Adoption and Children Act (Representation of Children)

Constitutional Affairs written statement – made at on 11 January 2006.

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Photo of Harriet Harman Harriet Harman Minister of State (Department of Constitutional Affairs), Member, Labour Party National Executive Committee

The Parliamentary Under-Secretary of State, the Baroness Ashton of Upholland has made the following written ministerial statement in the other place today

"The final stages of the Adoption and Children Act 2002 were implemented on 30 December 2005. This date saw the commencement of the core provisions for local authorities by the Department for Education and Skills and the National Assembly for Wales and rules of court from my Department that underpin the new provisions. Subsection 1(a) of s122 provides for representation of children within placement proceedings and rules made to come into force on 30 December 2005.

Subsection 1(b) and subsection (2) provide rule making powers for the separate representation of children in Children Act cases generally and in particular in section 8 cases. Both provisions were commenced on 7 December 2004. To inform our consideration of what rules of court might be made, my Department commissioned research by Cardiff University. We wanted to understand whether formal representation through a solicitor and guardian is meeting children's needs, or whether there are other ways in which their needs can be met. It also met our commitment to consult with children on this issue.

The Cardiff University research with children and families focused on their views on how they were heard/how involved when children were separately represented under the existing rule 9.5 of the Family Proceedings Rules 1991. We have now received the first draft of that research which I hope to publish next month.

The views of children themselves were not conclusive due to the small sample size, but when added to other evidence the research does not indicate that separate representation would be right for all children in all cases. New rules of court will be developed in the light of this research evidence and CAFCASS's important proposals in 'Every Day Matters'.

Existing provisions for the representation of children remain unaffected and offer a range of ways in which a court making decisions about them may hear children's wishes and feelings. In the first year after the issue of the rule 9.5 Practice Direction by the President of the Family Division in April 2004, CAFCASS figures indicate that courts made more than double the number of rule 9.5 appointments by comparison with the previous year. An updated analysis of figures at the end of the current financial year will provide further information about the extent of the courts' use of CAFCASS officers to undertake rule 9.5 work on behalf of children. The increased use of rule 9.5 appointments following the issue of the Practice Direction appears to have refocused issues on the child at an earlier stage in the proceedings, alongside consideration of the protracted concerns of the parents".

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

other place

The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.

Division

The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.